Chapter-9 Functions, duties and powers

Chapter-9 Functions, duties and powers

Chapter-9 Functions, duties and powers
153. Functions, duties and powers of Department: The functions, duties and powers of the Department shall be as follows:
(a) To determine policies as required on operation of the transport service upon conducting, or causing to be conducted, study and research works on financial and technical aspects thereof, for operation of the
transport service in an organized and effective manner;
(b) To give necessary direction to the persons, firms, companies or organizations related with the transport service for the systematic management and development of transport;
(c) To prescribe the priority of the carriage of goods as per necessity, and give necessary direction to the persons, firms, companies or organizations related with the transport service for the carriage of goods in accordance with that priority;
(d) To determine routes, as per necessity, for the operation of the transport service, having regard to the pressure of passengers and determine the fares of public motor vehicles plying on the routes;
(e) To make arrangements for installing traffic signals at public places in accordance with international practices;
(f) To determine speed and weight of a motor vehicle and the number of passengers to be seated in a motor vehicle;
(g) To prepare and determine necessary criteria of tests to be conducted on mechanical condition and status of motor vehicles;
(h) To prescribe subjects and methods of examination to be given to drivers; and (i) To perform such other functions as may be necessary for the consolidation of the transport service.

154. Transport management committee: There shall be formed a transport management committee consisting of the following members in order to systematically operate the public motor vehicles plying in each area:
(a) Chief District Officer (of the district where the Transport Management Office is located) -Chairperson
(b) Chief, District Police Office – Member
(c) One representative of transport entrepreneurs -Member
(d) One representative of transport labors -Member
(e) Chief, Transport Management Office -Member secretary

155. Functions, duties and powers of transport management committee: The functions, duties and powers of the transport management committee shall be as follows:
(a) To engage public motor vehicles in operating the transport service in order to operate the transport service within its area in an uninterrupted manner;
(b) In the event of necessity, to fix a route for a certain period at a place where a route is not fixed within its area for the operation of the transport service on that route, to fix a temporary route and make a recommendation to the Department for the fixation of fares of the public motor vehicles plying on that route;
(c) To inspect, or cause to be inspected, whether the public motor vehicles are operating the transport service within its area upon obtaining the route permit and have renewed the permit from time to time;
(d) To inspect, or cause to be inspected, from time to time, whether the  public motor vehicles plying within its area have undergone the road tests from time to time and whether they have provided the regular
transport service subject to this Act or the Rules framed hereunder;
(e) To conduct study on matters including the pressure of passengers and the number of motor vehicles within its area, and if it appears necessary to operate the transport service at any place, to make
recommendation to the Department for the determination of a route at that place; and
(f) To perform such other functions as may be necessary for the smooth operation of transport service within its area.

156. Examination committee:

(1) There shall be formed an examination committee consisting of the following members to give examination
pursuant to Section 49, in order to ascertain whether a person who makes an application for the driving license has the ability to drive the motor vehicle.
(a) Chief, Transport Management Office -Chairperson
(b) A police officer designated by the Government of Nepal -Member
(c) An expert designated by the Government of Nepal -Member
(2) The committee referred to in Sub-section (1) shall give examination to the persons who make application for the driving license and recommend the successful candidates to the competent authority for issuing the driving license.
(3) The committee referred to in Sub-section (1) shall hold its meetings as and when necessary as determined by the committee.
(4) The subjects and methods of examination of drivers to be given by the committee referred to in Sub-section (1) shall be as prescribed by the Department.

157. Appointment of transport inspector: The Government of Nepal may appoint a transport inspector to inspect whether the motor vehicles are being driven subject to the provisions of this Act or the Rules framed hereunder
and whether the public motor vehicles that are engaged in the transport service have fulfilled such terms as required to be fulfilled under this Act or the Rules framed hereunder.

158. Functions, duties and powers of transport inspector: The functions, duties and powers of the transport inspector shall be as follows:
(a) To inspect whether or not a public motor vehicle that is engaged in the transport service is operating the transport service on the route for which it has obtained the route permit;
(b) To inspect whether or not a public motor vehicle that is engaged in the transport service loads passengers and goods subject to the determined seats and weight capacity;
(c) To check whether or not a motor vehicle that is engaged in the transport service has undergone such road test from time to time as required to be undergone pursuant to this Act and whether the transport service so operated is listed;
(d) To check the driving license, conductor license and passenger manifesto and verify the fares charged to the passengers against the passenger tickets in order to check whether or not the fares are collected according to the prescribed fares, and to inspect whether or  not the motor vehicles are driven at the determined speed; and
(e) To inspect, from time to time, whether the drivers, conductors, owners or managers of motor vehicles have complied with the provisions of this Act or the Rules framed hereunder.

159. License to be obtained to operate training center, factory and workshop:
(1) A person, firm, company or organization intending to run a training activity for driving any kind of motor vehicle or to operate a driving training center or a factory for construction of bodies of buses or trucks or an
automobile workshop shall obtain a license from the Department.
(2) A person intending to obtain the license as referred to in Sub- section (1) shall make an application in such form and accompanied by such fees as may be prescribed to the Department.
(3) If an application is made pursuant to Sub-section (2), the  Department may, upon inquiring into whether or not the person, firm, company or organization who has made the application is capable of operating the training center, factory or workshop intended to be so operated, issue the license for the operation of that training center, factory or workshop, as the case may be.